Wake Forest Acquisitions, L.P., et al., v. Vanderbilt Commercial Lending, Inc. et al

Filing 64

ORDER signed by District Judge Kimberly J. Mueller on 10/16/17. The Clerk of the Court is ORDERED to enter the DEFAULT of Vanderbilt Commercial Lending, Inc. for failure to defend itself as required in this litigation. FRCP 55; L.R. 183. Plaintiffs are ORDERED to proceed with default judgment proceedings against Vanderbilt Commercial Lending, Inc. within thirty days. See L.R. 302(c)(19).(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARY SHAFFER, et al.,

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Plaintiffs,

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v.
VANDERBILT COMMERCIAL
LENDING, INC., et al.
Defendants.

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No. 2:15-cv-02167-KJM-DB

VANDERBILT COMMERCIAL
LENDING, INC., et al.,

ORDER

Counterclaim-Plaintiffs,

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v.
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WAKE FOREST ACQUISITIONS, L.P.,

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Countercl.-Defendants.

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On July 6, 2017, the court granted a request to terminate Attorneys Robert D.
Swanson, Kelley M. Lincoln and Eric C. Miller as counsel for Vanderbilt Commercial Lending,
Inc. and Gregory Cook. ECF No. 49 (granting ECF No. 37). The court further granted these
parties thirty days to obtain substitute counsel and cautioned Vanderbilt Commercial Lending,
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Inc. that a failure to obtain substitute counsel may subject it to judgment by default. Id. More

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than three months have now lapsed, yet Vanderbilt Commercial Lending, Inc. has not obtained

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substitute counsel or otherwise kept the court appraised of its intent to do so. Mr. Cook is

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proceeding pro se.

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Accordingly, the Clerk of the Court is ORDERED to enter the DEFAULT of

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Vanderbilt Commercial Lending, Inc. for failure to defend itself as required in this litigation. Fed.

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R. Civ. P. 55; L.R. 183.

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Plaintiffs are ORDERED to proceed with default judgment proceedings against
Vanderbilt Commercial Lending, Inc. within thirty days. See L.R. 302(c)(19).

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IT IS SO ORDERED.

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This resolves ECF No. 49.

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DATED: October 16, 2017.

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UNITED STATES DISTRICT JUDGE
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